Supreme Court of Florida

Howard Browning, Petitioner v. Lynn Anne Poirier, Respondent

May 28, 201540 Fla. L. Weekly Supp. 304

Summary

The court held that an oral agreement to share lottery winnings was not within the statute of frauds because full performance was legally and factually possible within one year of formation. The parties had no fixed duration, either party could end the arrangement, and the agreement could have been fully performed if a winning ticket had been purchased and the proceeds divided within one year. The court quashed the district court’s decision and remanded for further proceedings.